Don't Post Pictures Of Your Customers Online Without Reading This

Businesses and marketers have received the message: visual content sells. One photo can speak volumes about a brand, catching the attention of consumers much more effectively than text-based content. The growing popularity of sites like Instagram and Pinterest have led many businesses to be more visual in their marketing efforts.

But as tempting as it may be to start snapping and uploading photos of your customers, there are legalities concerning this type of behavior. Businesses probably already realize the dangers of using photos in their marketing efforts without permission, but these dangers extend to your in-store behaviors, as well. There are many benefits to involving your loyal customers in your online efforts, but it’s important to learn the rules. In this article, we’ll cover a few things you can do to stay safe while creating and sharing visual content.

For more information on the value of visual media in marketing, here are some great articles on the subject:

While there are laws allowing the photographing and posting of photos of people in public, the rules change when the person taking the photos represents a business. It’s one thing for John Smith to snap a picture of a crowd and post it online. It’s quite another when a local business takes that picture and posts it online.

This issue is especially tricky when the people in the photos are identifiable. If your picture features one person or a small group of people, the people in the photo could take exception to being used as part of your marketing campaign. Even if your photo is intended to be displayed once before moving down your feed, it could live on forever in an album on a sidebar or the photo collage featured at the top of an Instagram user’s profile page.

For Commercial Purposes

The danger in using photos of individuals for your online marketing purposes is that your efforts could be seen as commercial. The rules when it comes to using photos for commercial purposes differ from when you’re merely sharing vacation photos with your buddies. Even if you aren’t directly making money off of the usage, a photo in a social media campaign can easily be seen as similar to using a photo in a print brochure or billboard ad. There are specific laws that apply to use of individual photos online, including:

Fair Use—In some cases, fair use laws allow photos to be used when the situation warrants it. Fair use cases include news, product reviews, classroom use, and several other situations. The bottom line with fair use is that the court will be the final judge, and the final judge will look at the impact the use had on the original copyright-holder or the person depicted in the image. If your subject believes his likeness was used to sell a product without his permission, you may find yourself on the losing side of an argument in front of a judge.

Reasonable Expectation of Privacy—If the person in your photograph felt he was having a private moment when you snap your picture, he may have an argument against your use of it. While this law generally states that if a person is in “public,” he wouldn’t have the same privacy as in his home or personal office, this doesn’t mean your business is “public.” Reasonable expectation of privacy serves to safeguard attendees at large events when they snap pictures of people in the crowds around them.

Consent—Because the lines are so blurred, you should ask permission from each person whose photos you plan to upload. This includes photos that are snapped in a public place, including inside your business. If a person would be able to identify his or her face on your post, you should ask for consent as soon as the photo is snapped. For the best protection, ask the person to sign a consent form and tag the person when you post the photo. Chances are the person will want to share the photo online, as well, giving your business even greater exposure.

Alternative Ideas

If you aren’t comfortable handing out consent forms to your customers throughout the day, consider some other ideas to put faces with your products. Instead of turning yourself into an amateur photographer, invite your customers to shoot their own photos in your business while tagging the location. Come up with unique ideas for photo opportunities, like putting a cardboard standee or other item of interest toward the front of your store. It will be a bonus if you have your own branding on the item, visible to anyone who views it.

Some businesses have even hosted contests to encourage customers to share photos of their own on specified social media accounts. Dole out a hashtag and offer a prize to one of the lucky participants in your selfie contest. Make sure to specify that the person must check in or tag your business in the comment to ensure each participant’s social media following knows where the photo was taken. Another option is to ask employees, friends, and family members to lend a hand. You can even state outright that the person in the photo is a team member who is excited about your business.

Keep People Out of It

One of the best ways to market your business through photos without risking sticky legal issues is to avoid including people in your photos. The vast majority of your photos can be of your great products or your team members having a great time while working hard. If you have a busy crowd at lunchtime, snap a photo from behind the crowd, ensuring no faces are identifiable in the photo. You can even use filters or photo-editing tools to blur out some faces without disrupting your original intent.

Hopefully, over time, your visual marketing will pay off and your customers will snap photos willingly while trying out your exciting items. You can then share those posts with your own followers. One caveat: Be cautious when sharing photos of youth, especially without specific parental permission. Some parents are very protective of their children and prefer their images not be exposed to strangers.

Customer images are a powerful way to get attention while marketing your brand. By taking the extra steps necessary to make sure you don’t offend your photo subjects, you’ll be able to show that you reward loyalty and care about your customers.